BEFORE THE BOARD OF FUNERAL SERVICE

                                   DEPARTMENT OF LABOR AND INDUSTRY

                                                       STATE OF MONTANA

 

In the matter of the amendment of ARM 24.147.302 funeral service definitions, 24.147.403 inspections – mortuaries, branch establishments, and crematories, 24.147.408 transportation and custody of human remains, 24.147.501 out-of-state mortician licenses, 24.147.901 mortuary and branch establishment operation standards, 24.147.904 mortuary and branch establishment licenses and temporary permits, 24.147.1101 crematory licenses, temporary permits, and operation standards, 24.147.2101 continuing education requirements – morticians, 24.147.2301 unprofessional conduct, the amendment and transfer of ARM 24.147.402 (24.147.507) mortician licenses, 24.147.405 (24.147.509) examinations, 24.147.903 (24.147.407) name change, closure, transfer, or sale – mortuary, branch establishment, crematory, or cemetery, the adoption of NEW RULE I change of mortician-in-charge or crematory operator-in-charge, NEW RULE II nonlicensed personnel, and the repeal of ARM 24.147.2102 sponsors

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NOTICE OF AMENDMENT, AMENDMENT AND TRANSFER, ADOPTION, AND REPEAL

 

TO: All Concerned Persons

 

            1. On December 8, 2017, the Board of Funeral Service (board) published MAR Notice No. 24-147-39 regarding the public hearing on the proposed amendment, amendment and transfer, adoption, and repeal of the above-stated rules, at page 2251 of the 2017 Montana Administrative Register, Issue No. 23.

 

            2. On January 4, 2018, a public hearing was held on the proposed amendment, amendment and transfer, adoption, and repeal of the above-stated rules in Helena. Two comments were received by the January 5, 2018, deadline.

 

            3. The board has thoroughly considered the comments received. A summary of the comments and the board responses are as follows:

 

COMMENT 1:  Section 50-15-405, MCA, which is referenced in ARM 24.147.408(1), also allows advanced practice registered nurses to authorize removal from the place of death. A typographical error was made by omitting that language from the proposed rule and the board should amend the rule to align with the statutory language.

 

RESPONSE 1:  The board agrees and is amending the rule accordingly.

 

COMMENT 2: An incorrect statute is referenced in ARM 24.147.408(5). "Authorizing agent" is not defined in 50-15-101, MCA.  Rather, it is actually defined in 37-19-101, MCA. The board should correct this error and amend the rule so the proper statute is referenced in (5).

 

RESPONSE 2:  The board agrees and is amending the rule accordingly.

 

            4. The board has amended ARM 24.147.302, 24.147.403, 24.147.501, 24.147.901, 24.147.904, 24.147.1101, 24.147.2101, and 24.147.2301 exactly as proposed.

 

            5. The board has amended and transferred ARM 24.147.402 (24.147.507), 24.147.405 (24.147.509), and 24.147.903 (24.147.407) exactly as proposed.

 

            6. The board has adopted New Rules I (24.147.409) and II (24.147.410) exactly as proposed.

 

            7. The board has repealed ARM 24.147.2102 exactly as proposed.

 

            8. The board has amended ARM 24.147.408 with the following changes, stricken matter interlined, new matter underlined:

 

            24.147.408 TRANSPORTATION AND CUSTODY OF HUMAN REMAINS

            (1) Authorization to remove and transport a body from place of death must be made by a physician, physician designee, advanced practice registered nurse, coroner, or mortician per 50-15-405, MCA.

            (2) through (4) remain as proposed.

            (5) An authorizing agent, as defined in 50-15-101 37-19-101, MCA, can only delegate the activities set forth in (4) to a mortician employed by a mortuary.

 

	BOARD OF FUNERAL SERVICE JOHN TARR, PRESIDING OFFICER
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ GALEN HOLLENBAUGH Galen Hollenbaugh, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State February 13, 2018.